Commonwealth Bank of Australia v Hamilton [2012] NSWSC 768

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Hamilton [2012] NSWSC 768 Hearing dates: 25 June 2012 Decision date: 06 July 2012 Before: Price J Decision: 1. The third defendant (Peter Webb) is to pay the costs of the first defendant (Jason Hamilton) of the proceedings brought by the plaintiff (the bank). 2. The third defendant (Peter Webb) is to pay the costs of the second defendant (Karen Hamilton) of the proceedings brought by the plaintiff (the bank). 3. The third defendant (Peter Webb) in each of the matters is to pay the plaintiff's (the bank) own costs of the proceedings agreed in the sum of $271,543.86 (being a combined sum for both matters). 4. The cross-defendant (Peter Webb) is to pay the costs of the cross-claimants (Jason Hamilton and Karen Hamilton) of the cross-claims. 5. On the second cross-claim, the cross claimant (Peter Webb) is to pay the costs of the cross-defendant (Lawcover) in the amount of $330,000.00. 6. Graham Lee, the first cross-defendant to the first cross-claim is to pay the costs of the cross-claimants (Jason Hamilton and Karen Hamilton) fixed in the amount of $17,814.85. 7. The total amount of costs that Peter Webb is to pay Mr and Mrs Hamilton pursuant to orders 1,2 and 4 hereof is $240,000.00. Catchwords: PROCEDURE - costs - Sanderson order - application for costs on indemnity basis - refusal of Calderbank offers - whether rejection of offers was unreasonable. Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 s 98 Contracts Review Act 1980 Trade Practices Act 1974 (Cth Uniform Civil Procedure Rules r 42.1 Cases Cited: Bullock v London General Omnibus Company [1907] 1 KB 264 Council of the City of Liverpool v Turano [No 2] [2009] NSWCA 176 Gould v Vaggelas [1985] HCA 75; (1985) 157 CLR 215 Leichhardt Municipal Council v Green [2004] NSWCA 341 Ofria v Cameron (No 2) [2008] NSWCA 242 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; (2007) 234 CLR 330 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Category: Principal judgment Parties: ... Representation: Mr D A Smallbone Mr K Ginges Gadens Lawyers (Commonwealth Bank of Australia) A.Luong & Associates (Jason Hamilton, Karen Hamilton Lighthouse Law Group (Peter Webb) Yeldham Price O'Brien Lusk (Lawcover Insurance Pty Limited) File Number(s): 2007/263396; 2007/263397 Decision under appeal Citation: R v Haydon Date of Decision: 2010-12-17 00:00:00 Before: McLoughlin DCJ File Number(s): 2010/249099